United Country | H5 Auction & Realty (Auction Company) is providing an Internet auction as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall bidder have any kind of claim against Auction Company or anyone else if the Internet service fails to work correctly during the online auction. Auction Company will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy bidding feature and leave their maximum bid at least 24 hours before the auction closes. Auction Company reserves the right to withdraw or re-catalog items in this auction. The following describes the terms on which offers you access to the Internet Online Auction by United Country H5 Auction & Realty. In order to bid, you must read and accept all of the terms and conditions set forth below: Buyer's Contract: Your bids placed on the United Country | H5 Auction & Realty website are a contract and you are responsible for paying all amounts due to United Country H5 Auction & Realty. If you cannot pay for and pick up the items during the times specified, then please DO NOT BID. Failure to Pick-Up Items: All items MUST BE REMOVED from the premises at the designated times. IF YOU FAIL TO PICK-UP ANY ITEMS on the days that have been scheduled YOU WILL BE CONSIDERED TO HAVE FORFEITED THE ITEMS AND TITLE WILL REVERT TO United Country H5 Auction & Realty. United Country H5 Auction & Realty MAY, IN ITS ABSOLUTE AND SOLE DISCRETION, RESELL THE ITEMS OR DONATE THE ITEMS TO A CHARITY OF UNITED COUNTRY | H5 AUCTION & REALTY'S CHOOSING. Buyers Premium: A buyer's premium of fifteen percent (15%) of the high bid will be added to the high bid to determine the final sales price for the auction lot. Preview: BY APPOINTMENT ONLY. Pick up Location: 605 West Harrison Road Longview,TX 75604 - Thursday, September 21st 9:00am - 3:00pm and Monday, September 25th 9:00am - 3:00pm. Please bring help, proper tools, boxes, and moving equipment if necessary. Shipping: Auctioneer DOES NOT SHIP ALL items. Only items designated "Shipping Available" will be shipped. Bidder is responsible for all handling fees, packaging and shipping costs assessed by the auctioneer. All non-shipped items must be picked up from auction site by Bidder, or authorized Bidder representative, at designated date and time.. You may contact any shipper -AT YOUR OWN RISK. Participation Requirements: Name, address, daytime phone number, email address and a Valid Credit Card required for bidding approval Payment Options: Cash, Company check with valid ID, All major Credit/Debit cards Payment Instructions: ALL accounts will be settled at the conclusion of this auction. You will receive an invoice to pay online, or please notify us if you intend to pay cash at pick up. Currency Type: USD United Country | H5 Auction & Realty kindly requests that you refrain from bidding if you are not able comply with the auction's terms and conditions. We encourage you to inspect the items in person. These items are consigned from a national retail chain Returns department. Some items may be damaged, missing parts, used, returned, overstocked, discontinued and seasonal items. United Country | H5 Auction & Realty conducts an open house inspection for you, the buyer, to come and inspect in person prior to bidding. These items are located at the facility located in the auction description at the designated preview time. We do not allow bid cancellations or bid withdrawals. ALL ITEMS ARE SOLD AS IS, WHERE IS without warranty or guarantee. No refunds will be given. No Returns and No Exchanges. REMOVAL DATES: ITEMS NOT PICKED UP FROM THE WAREHOUSE ON THE PICKUP DAY FROM THE WAREHOUSE WITHIN 48 HOURS OF THE CLOSING OF AN AUCTION WILL BE CONSIDERED ABANDONED AND RELOTTED FOR A FUTURE SALE. If you are not able to pick up your items during any auction's scheduled removal times, we would advise you to refrain from bidding in that particular auction. Items that have not been picked up by the end of the scheduled removal dates will be considered abandoned. SALES TAX: Sales tax will be collected based on the local and state tax rates. IMPORTANT: TAX EXEMPT STATUS - If you are tax exempt, prior to the conclusion of the online auction you must email a copy of the appropriate states tax exempt form to United Country | H5 Auction & Realty and include your bidder number and the closing date of the auction. Forms without this information will not be accepted and you will have to apply to the state for a refund. Auction Location: Internet Online ONLY Special Terms of Sale: 1. YOUR BID IS A CONTRACT TO BUY should you be the winning bidder. 2. All property is sold "AS IS". 3. No Returns: All sales are final. There are no returns, refunds or adjustments. 4. Age Requirement: All bidders must be 18 years of age or older. 5. Our Internet on-line auctions move quickly! If you are interested in an item, bid quickly. If you win an item in the auction you will be notified by email. 6. The purchaser agrees to pay all reasonable attorney fees and costs incurred by the auction company in the collection of funds. The purchaser also agrees that a fee of 4% per month be added to the balance of any unpaid balance due the auction company and any other costs or losses incurred by the purchaser's failure to adhere to these terms. Any debt collection or dispute proceedings will be heard in Gregg County, Texas. 7. ALL SALES ARE FINAL. Your bid IS A CONTRACT TO BUY should you win. 8. By bidding on any item, the bidder shows acceptance of the terms of the auction. 9. The auction company reserves the right to refuse service to any person. 10. All announcements made prior to the close of the Internet bidding take precedence over any and all written or verbal statements. 11. United Country H5 Auction & Realty attempts to describe the merchandise to the best of our abilities however we make no representations or guarantees. In no event shall United Country H5 Auction & Realty be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. United Country H5 Auction & Realty will not be responsible for any errors or omissions in the description of the merchandise. Some of the descriptions were by the Seller, himself. 12. Some of the items in this auction may have a minimum bid to enter into the bidding. Others may be treated as a "reserve" bid item. Others may be sold "Absolute", regardless of price, to the highest bidder. EXPLANATION OF STAGGERED CLOSING & SOFT CLOSE Staggered Close: If you'll notice in the Title of our Auction, it states that bidding BEGINS to close at 2:00pm CDT (Texas Time). However, ALL items do not close together at that time. Items will close in the order listed on the site, (unless affected by the Soft Close as explained below) and typically close at the rate of 3 items per minute (every 30 seconds). Our Auction was set up this way intentionally so that bidders can have time to evaluate their overall progress in a sale as individual items close. You may also click on "Live Catalog" to view, in real time format, the lots that have current activity. Soft Close: Additionally, if an item receives a bid within the last 2 minutes, then the close time will be extended 2 minutes from the time the bid is placed. The time will continue to be extended for 2 minutes with each newly placed bid and the item will not close until 2 minutes have elapsed with no additional bid activity. This does eliminate "snipers" from our Internet Auctions. Please be certain that we have taken every precaution to set the site up in a transparent manner that allows for the fairest environment for both buyers and sellers. --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.